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BUFFALO ELEC. CO. v. STATE OF NEW YORK

14 N.Y.2d 453 (1964)

Buffalo Electric Co., Inc., Respondent, v. State of New York, Appellant. (Claim No. 32217.)

Court of Appeals of the State of New York.

Decided October 1, 1964.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Harold J. Hughes, Jr., and Paxton Blair of counsel), for appellant.

Warner F. Thompson and William E. Miller for respondent.

Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI concur with Judge BERGAN.

BERGAN, J.

The constitutional validity is tested by this appeal of the new Civil Practice Law and Rules provision which, treating of appeals to the Court of Appeals as of right, enlarges the definition of the kind of decision of an Appellate Division which "finally determines" an action or proceeding.

The Constitution (N. Y. Const., art. VI, § 3, subd. b...

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